VOLUME 7 NUMBER 2 NEW MOON OF THE BITTERROOT MAY 15, 1977
HUNTING RIGHTS
Treaty Rights Upheld by Court The Montana Supreme Court has upheld a discision by a lower District Court in the case of the State of Montana U.S. Lasso Stasso, a tribal member. The Court found in favor of Stasso.
Stasso had been convicted in a Justice Court in Sanders County for the violation of a state game law. The tribal member had been hunting area off the present reservation boundaries. He shot a deer on August 24,1972, (The exact location being the White Pine Creek Area located west of Thompson Falls). Stasso was arrested by a Montana State Game Warden for Illegally taking a deer out of season.
Stasso appealed the original on January 27, 1975, to the District Court in Sanders County. Judge Green granted a dismissal of the case in July of 1975, based on expert witness testimony of Dr. Carling Malouf, Professor at the University of Montana. Dr. Malouf proved to the court that the area in question was clearly within the aboriginal hunting area of the tribes, as stated
in the Hellgate Treaty..........
"The exclusive right of taking fish in all the streams running through or boarding said reservation is further secured to said Indians, as is also the right of taking fish at all usual and accustomed hunting places, in common with citizens of the territory, and of errecting temporary buildings for curing;
together with the priviledge of hunting, gathering roots and berries, and pasturing" their horses and cattle upon open and unclaimed lands."
UPHELD IN COURT
Judge Green concluded, that in the first District Appeal Decision, that the provisions of the treaty of Hellgate are superior to the reserved power of the state, including the police power.
In the recent Supreme Court Decision, Justice John Conway Harrison noted the treaty gave rights to unregulated hunting on " open and unclaimed land" to the Indians. He said the land in question qualified under that provision. He further concluded that, " Land owned or occupied by private parties is in no way open and unclaimed with the contemplation of this treaty."
DISTRICT MEETING MAY 18
There will be a reservation wide district meeting on May 18, 7:00 pm at the St. Ignatius Community Center The topic for discussion will be Montana Power's proposed right-of-way across the reservation for their construction of the two 500 kilo-volt transmission lines. The Tribal Council has a meeting set with Montana Power to discuss the right-of-way and will need input by the tribal members in order to make their decision. All tribal members are urged to attend that meeting date again is Wed. evening May 18, 7:00 pm at the St. Ignatius Community Center, for a reservation- Wide District Meeting.
Water Act Is A Threat
The Safe Drinking Water Amendment Act of 1977 poses a dangerous threat to Indian sovereignty and water rights.
The bill would require that all water projects now maintained by the Bureau of Indian Affairs comply with all state, local and federal requirements. A direct attack of Indian sovereignty. It also would require that any activities resulting in underground injection shall also comply with any state, local and federal requirements. This would affect the activities of tribes, such as the Blackfeet, Osage, Jicarillo-Apache, and Navajo, who are now engaged in tertiary recovery of oil.
In addition, all records concerning Indian water projects would be under state and local controll.
continued
FLATHEAD RIVER CLOSED
The Flathead river is now closed to motorized boats until June 1st, by order of the Confederate Salish & Kootenai Tribal Council. This is the annual nesting season for geese on the Flathead River, and there have been many complaints of persons harrassing the geese and upsetting recently constructed nesting areas.
The river is closed to the motorized boats between Flathead Lake and its confluence with the Clarks Fork River below Paradise. The river will again be opened on June 1,1977.